S-89                  _______________________________________________

                                                   SENATE BILL NO. 5321

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators West, Smith, Newhouse and Matson

Read first time 1/20/89 and referred to Committee on   Health Care & Corrections.

AN ACT Relating to prison sentences; amending RCW 9.94A.190 and 70.48.400; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 19, chapter 137, Laws of 1981 as last amended by section 5, chapter 154, Laws of 1988 and RCW 9.94A.190 are each amended to read as follows:

          (1) A sentence that includes a term or terms of confinement totaling more than ((one year)) six months shall be served in a facility or institution operated, or utilized under contract, by the state.  Except as provided for in subsection (3) of this section, a sentence of not more than ((one year)) six months of confinement shall be served in a facility operated, licensed, or utilized under contract, by the county, or if home detention has been ordered by the court, in the residence of either the defendant or a member of the defendant's immediate family.

          (2) If a county uses a state partial confinement facility for the partial  confinement of a person sentenced to confinement for not more than ((one year)) six months, the county shall reimburse the state for the use of the facility as provided for in this subsection.  The office of financial management shall set the rate of reimbursement based upon the average per diem cost per offender in the facility.  The office of financial management shall determine to what extent, if any, reimbursement shall be reduced or eliminated because of funds provided by the legislature to the department of corrections for the purpose of covering the cost of county use of state partial confinement facilities.  The office of financial management shall reestablish reimbursement rates each even-numbered year.

          (3) A person who is sentenced for a felony to a term of not more than ((one year)) six months, and who is committed or returned to incarceration in a state facility on another felony conviction, either under the indeterminate sentencing laws, chapter 9.95 RCW, or under this chapter shall serve all terms of confinement, including a sentence of not more than ((one year)) six months, in a facility or institution operated, or utilized under  contract, by the state, consistent with the provisions of RCW 9.94A.400.

        Sec. 2.  Section 1, chapter 235, Laws of 1984 as amended by section 11, chapter 462, Laws of 1987 and RCW 70.48.400 are each amended to read as follows:

          Persons sentenced to felony terms or a combination of terms of more than ((three hundred sixty-five days)) six months of incarceration shall be committed to state institutions under the authority of the department of corrections.  Persons serving sentences of ((three hundred sixty-five consecutive days)) six months or less may be sentenced to a jail as defined in RCW 70.48.020.  All persons convicted of felonies or misdemeanors and sentenced to jail shall be the financial responsibility of the city or county.

NEW SECTION. Sec. 3.     The sentencing guidelines commission shall reevaluate the sentencing ranges taking into account the effect this act will have on the criminal justice system.  The commission shall then recommend changes to the sentencing ranges that are in accordance with the goals of the sentencing reform act.  A report including these recommendations shall be made to the legislature by November 15, 1989.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.